H. B. 2565
(By Delegates Ryan, Mezzatesta and Nicol)
[Introduced March 11, 1993; referred to the
Committee on Government Organization then Finance.]
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-three
relating to the tattoo studio business; definitions;
sanitation, facilities and equipment standards; disposal of
waste; inspection and fees; violations and criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty-three, to
read as follows:
ARTICLE 33. TATTOO STUDIO BUSINESS.
§30-33-1. Definitions.
(a) "Adequate ventilation" means a free and unrestricted
circulation of fresh air throughout the tattoo studio and the
expulsion of foul or stagnant air.
(b) "Minor" means any person under the age of eighteen
years.
(c) "Tattoo" means to mark or color the skin by pricking in
coloring matter so as to form indelible marks or figures or by
the production of scars.
(d) "Tattoo studio" means any room or space where tattooing
is practiced or where the business of tattooing is conducted or
any part thereof.
(e) "Antibacterial solution" means any solution used to
retard the growth of bacteria approved for application to human
skin and includes all products so labeled.
(f) "Germicidal solution" means any solution which destroys
germs, and is so labeled.
(g) "Sterilization" means holding in an autoclave for
twenty-five minutes at fifteen pounds pressure at a temperature
of two hundred fifty degrees Fahrenheit or one hundred twenty-one
degrees Celsius.
§30-33-2. Studio sanitation.
(a) The tattoo artist's hands shall be washed and then air
blown or dried by single use towel prior to beginning work on
each person or when interrupted in the process. In addition,
disposable, latex examination gloves shall be worn during the
tattooing process. The gloves shall be changed and properly
disposed of each time there is an interruption in the application
of the tattoo, the gloves become torn or punctured, or whenever
their ability to function as a barrier is compromised.
(b) Cabinets for the storage of instruments, dyes, pigments,
single use articles, carbon and stencils shall be provided for
each operator and shall be maintained in a sanitary manner, which
protects them from contamination.
(c) Bulk single use articles shall be commercially packaged
and handled in such a way as to protect them from contamination.
Storage of single use articles shall not be in a toilet room or
vestibule of toilet rooms nor under nonpotable water lines or
exposed sewer lines.
(d) Work tables and chairs or benches shall be provided for
each tattoo artist. The surface of all work tables and chairs or
benches shall be constructed of material which is smooth, light
colored, nonabsorbent, corrosive-resistant, and easily sanitized.
The work tables and chairs or benches shall be sanitized with a
germicidal solution after each tattoo application. All existing
tattoo studios on the effective date of the administrative
regulation shall be exempt from the required color of the work
table.
(e) All materials applied to the human skin shall be from
single use articles or transferred from bulk containers to single
use containers and shall be disposed of after each use.
(f) No pets, except working dogs, i.e., guide dogs or
security dogs from a certified trainer, may be permitted in the
studio.
§30-33-3. Operation standards.
(a) Records.
(1) For each patron, proper records of tattoos administered
shall be maintained by the holder of a studio registration.
(2) A record of each patron shall be prepared prior to any
procedure being performed and shall include the patron's name and
signature, address and age, the date tattooed, the design of the
tattoo, its location on the patron's body, and the name of the
tattoo artist who performed the work.
(3) Each record shall be entered in ink or indelible pencil,
shall be available at a reasonable time for examination by the
cabinet. The signature of the patron shall be on the record.
(4) Before tattoo administration, there shall be a
discussion conducted with the patron on the risks involved in the
tattoo requested, and its possible complications, which shall be
entered in the record.
(5) All records required by this section shall be kept on
file for five years by the holder of the studio registration for
the studio in which the tattoo was performed.
(b) Consent.
(1) Written consent for tattooing of minors shall be
obtained from one parent or guardian.
(2) The records of the written consents shall be kept on
file for five years by the holder of the studio registration for
the tattoo studio in which the tattoo was performed.
(3) The person receiving the tattoo shall attest to the fact
that they are not intoxicated or under the influence of drugs or
alcohol.
(c) Tattooing procedures.
(1) Printed instructions on the care of the skin shall be
given to each patron or customer after tattooing as a precaution
to prevent infection.
(2) A copy of the printed instructions shall be posted in a
conspicuous place, clearly visible to the person being tattooed.
(3) Each tattoo artist shall wear a clean outer garment,
i.e., apron, smock, T-shirt, etc.
(4) Tattoo artists who are experiencing symptoms of
diarrhea, vomiting, fever, rash, productive cough, jaundice or
draining (or open) skin infections such as boils, impetigo or
scabies shall refrain from tattooing activities.
(5) Before working on each patron, the fingernails and hands
of the tattoo artist shall be thoroughly washed and scrubbed with
hot running water, antibacterial soap, and individual hand brush
that is clean and in good repair.
(6) The tattoo artist's hands shall be air blown dried or be
dried by a single use towel. In addition, disposable, latex
examination gloves shall be worn during the tattoo process. The
gloves shall be changed each time there is an interruption in the
tattoo application, the gloves become torn or punctured, or
whenever their ability to function as a barrier is compromised.
(7) Only sterilized or single use, disposable razors shall
be used to shave the area to be tattooed.
(8) Before placing the design on the patron's skin, the
tattoo artist shall treat the skin area with an antibacterialsolution.
(9) If an acetate stencil is used by a tattoo artist for
transferring the design to the skin, it shall be thoroughly
cleaned and rinsed in a germicidal solution for at least twenty
minutes and then dried with sterile gauze or dried in the air on
a sanitized surface after each use.
(10) If a paper stencil is used by a tattoo artist for
transferring the design to the skin, it shall be single use and
disposable.
(11) If the design is drawn directly onto the skin, it shall
be applied with a single use article only.
(d) Dyes or pigments.
(1) In preparing dyes or pigments to be used by a tattoo
artist, only nontoxic sterile materials shall be used. Single
use or individual portions of dyes or pigments in clean,
sterilized individual containers or single use containers shall
be used for each patron.
(2) After tattooing, the remaining unused dye or pigment in
the single use or individual containers shall be discarded along
with the container.
(3) All dyes or pigments used in tattooing shall be from
professional suppliers specifically providing dyes or pigments
for the tattooing of human skin.
(e) Sterilization of needles.
(1) A set of individual, sterilized needles shall be used by
a tattoo artist for each patron.
(2) To guard against a potential temptation to reuse single
service needles because of exhaustion of existing supplies, not
less than twenty-four sets per studio of sterilized needles and
tubes shall be on hand for the entire day or night operation.
Sterilized instruments shall be resterilized at intervals of no
more than six months from the date of the last sterilization.
(3) Used, nondisposable instruments shall be kept in a
separate, puncture resistant container until brush scrubbed in
hot water and soap, and then sterilized by autoclaving.
(4) If used instruments are ultrasoniced prior to being
placed in the used instrument container, they shall be
ultrasoniced, and then rinsed under running hot water prior to
being placed in the used instrument container.
(5) The ultrasonic unit shall be sanitized with a germicidal
solution daily.
(6) If used instruments are not ultrasoniced prior to being
placed in the used instrument container, they shall be kept in a
germicidal or soap solution until brush scrubbed in hot water and
soap, and then sterilized by autoclaving.
(7) All nondisposable instruments including the needle tubes
shall be sterilized and shall be handled and stored in such a
manner as to prevent contamination. Instruments to be sterilized
shall be sealed in bags specifically made for the purpose of
autoclave sterilization, and include the date of sterilization.
If nontransparent sterilization bags are utilized, the bag shall
also list the contents.
(8) Autoclave sterilization bags, with a color code
indicator which changes color upon proper steam sterilization
shall be utilized during the autoclave sterilization process.
(9) Instruments shall be placed in the autoclave in such a
manner as to allow live steam to circulate around them.
(10) No rusty, defective or faulty instruments shall be kept
in the studio.
(f) After care of tattoo.
The completed tattoo shall be washed with a single use towel
saturated with an antibacterial solution.
§30-33-4. Facilities and equipment.
(a) General physical environment.
(1) Tattoo studios shall have at least fifty footcandles of
light and adequate ventilation. Walls and ceilings shall be
painted a light color.
(2) The floor of the tattoo work room shall be constructed
of impervious material. The floor shall be swept and wet mopped
daily.
Floors, walls, or ceilings shall not be swept or cleaned
while tattooing in in operation.
(3) Convenient, clean, and sanitary toilet and hand-washing
facilities shall be made accessible to customers.
(4) The building and equipment shall be maintained in a
state of good repair at all times. The studio premises shall be
kept clean, neat, and free of litter and rubbish.
(b) Work room.
(1) Each tattoo studio shall have a work room separate and
apart from a waiting room or any room or rooms used for any other
purpose. The work room shall not be used as a corridor for
access to other rooms. Patrons or customers shall be tattooed
only in the work room.
(2) The work room shall be equipped with hot and cold
running water, and one sink or basin per artist operating at the
same time.
(3) The sinks and basins shall be for the exclusive use of
the tattoo artists for washing their hands and preparing
customers for tattooing. They shall be equipped with foot, wrist
or single lever action controls, soap, a germicidal solution,
single use towels and individual hand brushes clean and in good
repair for each tattoo artist. All plumbing shall be in
compliance with industry standards.
(4) No person may consume any food or drink nor smoke in the
work room.
§30-33-5. Disposal of waste.
The tattoo studio operator shall provide for the proper and
safe disposal of all types of waste products.
(a) Needles, scalpels, razors or other sharp instruments
used for patient care procedures, shall be segregated from other
wastes and placed in puncture resistant, closed containers
immediately after use.
(b) Needles shall not be purposely bent or broken, or
otherwise manipulated by hand.
(c) The containers of sharp wastes shall be sent to a
facility where they are either incinerated or otherwise rendered
nonhazardous.
(d) All disposable waste shall be placed in easily
cleanable, closed containers provided with tight fitting lids, so
as to prevent leakage or spillage. Waste containers shall be
kept closed when not in use. Disposable waste shall be handled,
stored and disposed of in such a way as to minimize direct
exposure of personnel to waste materials. All disposable waste
shall be sprayed with a ten percent chlorine solution immediately
following each tattoo application.
§30-33-6. Inspection fee.
An inspection fee is required for cost of inspections
conducted by the county health department in which the studio is
situate, to determine compliance with this article. An annual
inspection fee of one hundred dollars is assessed for each tattoo
studio or business.
§30-33-7. Violations and penalties.
Anyone applying a tattoo without obtaining a West Virginia
business registration certificate, or without registering with
the West Virginia department of health and human resources shall
render the owner of the tattoo studio guilty of a misdemeanor,
and, upon conviction thereof, for a first offense, the owner
shall have all of the tattoo equipment and paraphernalia
confiscated and shall be fined one hundred dollars. For a second
offense, which is a misdemeanor, the owner shall have all of thetattoo equipment and paraphernalia confiscated and shall be fined
one thousand dollars and be jailed for not less than ten days nor
more than one year: For a third offense, which is a misdemeanor,
the owner shall have all the tattoo equipment and paraphernalia
confiscated, shall be fined five thousand dollars, and be jailed
not less than thirty days nor more than one year.
NOTE: The purpose of this bill is to establish legislation
creating and regulating the tattoo studio business.
This article is new; therefore, strike-throughs and
underscoring have been omitted.